S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 (2003_si_479) | IE

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Reg. 1 S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 Open official source

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

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Reg. 2 S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 Open official source

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 42

Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Convention of

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval or accession;

c. any date of entry into force of this Convention in accordance with Articles 32 and 33;

d. any declaration or reservation made under Article 36 or Article 37;

e. any other act, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

PART B

Reservations and Declarations to the Criminal Law Convention on Corruption

Bulgaria

Reservations contained in the instrument of ratification, deposited on 7 November 2001

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to establish as criminal offence under its domestic law the conduct referred to in Articles 6, 10 and 12 as well as the passive bribery offences defined in Article 5.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria declares that it shall establish the conduct referred to in Articles 7 and 8 as criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Republic of Bulgaria.

Croatia

Declaration contained in a Note Verbale from the Permanent Representation of Croatia handed at the time of deposit of the instrument of acceptance, on 8 November 2000

In accordance with Article 29 of the Convention, the central authority of the Republic of Croatia is the

Ministry of Justice, Administration and Local Self-Government of the Republic of Croatia

Directorate for International Co-operation,

International Judicial Cooperation and Human Rights

Ulica Republike Austrije 14

10 000 Zagreb

Croatia

Liaison Officer

Ms Lidija Lukina KARAJKOVIC, Deputy Minister

Tel.: 00.385.1.37.10.670

Fax: 00.385.1.37.10.672

Cyprus

Reservation contained in the instrument of ratification deposited on 17 January 2001

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Cyprus reserves its right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence, which the requested Party considers a political offence.

Czech Republic

Reservation contained in the instrument of ratification deposited on 8 September 2000

With the reservation provided for under Article 37, paragraph 1, of the Criminal Law Convention on Corruption, the Czech Republic declares that it shall establish the conduct referred to in Articles 7 and 8 of the Convention as a criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Czech Republic.

Declaration contained in a Note Verbale, handed over at the time of deposit of the instrument of ratification on 8 September 2000

In accordance with Article 29 of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as central authorities: Prosecutor General's office of the Czech Republic before the case is brought before court and the Ministry of Justice of the Czech Republic after it has been brought before court.

Declaration contained in a Note Verbale, handed at the time of deposit of the instrument of ratification on 8 September 2000

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as judicial authorities

Supreme Prosecutor's Office of the Czech Republic, High Prosecutor's Office in Prague High Prosecutor's Office in Olomouc, regional and district prosecutors' offices, Municipal Prosecutor's Office in Brno, Municipal Prosecutor's Office in Prague, District Prosecutor's Offices in Prague, Ministry of Justice of the Czech Republic, Supreme Court of the Czech Republic, High Court in Prague, High Court in Olomouc, regional and district courts, Municipal Court in Brno, Municipal Court in Prague and district courts in Prague.

Denmark

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000

With regard to Article 37, paragraph 1, of the Convention, Denmark reserves the right not to establish as a criminal offence under Danish law, in part or in whole, the conduct referred to in Article 12.

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000

With regard to Article 37, paragraph 2, of the Convention, Denmark reserves the right to apply Article 17, paragraph 1b, in cases where the offender is one of its nationals, only if the offence is also a criminal offence according to the law of the Party where the offence was committed (dual criminality).

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000

With regard to Article 37, paragraph 3, of the Convention, Denmark reserves the right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which according to Danish law is considered a political offence.

Declaration contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000

In accordance with Article 29, paragraph 2, of the Convention, the Government of Denmark has designated the Ministry of Justice, Slotsholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority.

Declaration contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000

In pursuance to Article 34 and until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland.

Estonia

Declaration contained in the instrument of ratification, deposited on 6 December 2001

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Estonia has designated the Ministry of Justice as the central authority.

Reservation contained in the instrument of ratification, deposited on 6 December 2001

Pursuant to Article 37, paragraph 1, of the Convention, the Republic of Estonia does not establish as a criminal act the exertion of influence over decision-making referred to in Article 12.

Finland

Reservations contained in the instrument of acceptance deposited on 3 October 2002

The Government of the Republic of Finland makes the following reservations: Finland shall only establish as a criminal offence under its domestic law the conduct referred to in Article 12 to the extent it is considered a punishable corruption offence or punishable participation in such an offence, or other criminal offence.

Finland reserves itself the right to apply, in respect of its own nationals, the jurisdiction rule laid down in paragraph 1 (b) subject to the requirement of dual punishability set forth in Chapter I, section 11 of the Finnish penal Code in cases of active or passive bribery in the private sector referred to in Articles 7 and 8, provided that the criminal offence does not seriously interfere with or jeopardise the governmental, military or economic interests or benefits of Finland.

Hungary

Declaration contained in a Note Verbale from the Minister for Foreign Affairs of Hungary handed at the time of deposit of the instrument of ratification on 22 November 2000

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary designates the Ministry of Justice (1055 Budapest, Kossuth Lajos tér 4.) and the State Prosecutor's Office (1055 Budapest, Markó u. 16) as central authorities.

Declaration contained in a Note Verbale from the Minister for Foreign Affairs of Hungary handed at the time of deposit of the instrument of ratification on 22 November 2000

In accordance with Article 30, paragraph 6, of the Convention, the Republic of Hungary informs that, for reasons of efficiency, requests made under Chapter IV are to be addressed to one of these authorities.

Reservation contained in a Note Verbale from the Ministry for Foreign Affairs of Hungary, handed at the time of deposit of the instrument of ratification on 22 November 2000

In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the conduct referred to in Article 8 and committed by foreign citizens in the course of business activities abroad.

Reservation contained in a Note Verbale from the Ministry for Foreign Affairs of Hungary, handed at the time of deposit of the instrument of ratification on 22 November 2000 and withdrawn by a Note verbale from the Permanent Representation of Hungary dated 16 September 2002, registered at the Secretariat General on 19 September 2002

In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the passive bribery offences defined in Article 5 and 6 of the Convention.

Latvia

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001

For the purposes of the Convention, the Republic of Latvia declares that the term “national” relates to the citizens of the Republic of Latvia and to the non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Latvia declares that it may refuse mutual legal assistance under paragraph 1 of Article 26 of the Convention, if the request concerns an offence which the Republic of Latvia considers a political offence.

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Latvia declares that the authorities designated in pursuance of Article 29, paragraph 1, are

1) Ministry of the Interior - during pre-trial investigation until prosecution.

Raina blvd. 6, Riga, LV-1050, Latvia

Phone: +371.721.9263; Fax: +371.227.1005

E-mail: kanceleja@iem.gov.lv

2) Prosecutor General's Office - during pre-trial investigation until submitting the case to the court.

O. Kalpaka blvd. 6, Riga, LV-1801, Latvia

Phone: +371.704.4400 ; Fax: +371.704.4449

E-mail: gen@lrp.gov.lv

3) Ministry of Justice - during the trial.

Brivibas blvd. 36, Riga, LV-1536, Latvia

Phone: +371.708.8220, 728.0437

Fax: +371.721.0823, 728.5575

E-mail: justice@latnet.lv

Lithuania

Declaration contained in the instrument of ratification deposited on 8 March 2002

The Republic of Lithuania designates the Ministry of Justice of Lithuania and the Prosecutor's General Office under the Supreme Court of the Republic of Lithuania as the central authorities which shall be responsible for the implementation of the provisions of Article 29 of the Convention.

Malta

Declaration contained in a letter from the Minister of Foreign Affairs of Malta, dated 12 May 2003, appended to the instrument of ratification deposited on 15 May 2003

In accordance with Article 29, paragraph 2, of the Convention, Malta declares that the central authorities are

For requests concerning extradition

The Ministry for Justice and Home Affairs

“Casa Leoni”

St Joseph High Road

St Venera CMR 02

Malta

For requests other than those concerning extradition

The Attorney General

The Palace

Valletta CMR 02

Malta.

Declaration contained in a letter from the Minister of Foreign Affairs of Malta, dated 12 May 2003, appended to the instrument of ratification deposited on 15 May 2003

In accordance with Article 30, paragraph 6, of the Convention, Malta declares that, for reasons of efficiency, requests under Chapter IV are to be addressed to the relevant central authority as aforesaid.

Netherlands

Reservations contained in the instrument of ratification deposited on 11 April 2002

In accordance with Article 31, paragraph 1, the Netherlands will not fulfil the obligation under Article 12.

In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdication in the following cases

a. in respect of a criminal offence that is committed in whole or in part on the Dutch territory;

b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed;

c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 15 April 2002, registered at the Secretariat General on 15 April 2002

In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is

Het Ministerie van Justitie (Ministry of Justice)

Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid

Bureau Internationale Rechtshulp in Strafzaken

Postbus 20301

2500 EH Den Haag.

Poland

Reservations contained in the instrument of ratification deposited on 11 December 2002

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 7 of the Convention, insofar as the conduct described in the Article 7 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its rights not to establish as a criminal offence under its domestic law the conduct referred to in Article 8 of the Convention, insofar as the conduct described in the Article 8 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention, insofar as the conduct described in the Article 12 does not constitue a criminal offence under provisions of the Criminal Code.

Declaration contained in the instrument of ratification deposited on 11 December 2002

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Poland declares that the Central Authority for the requests concerning criminal proceedings is the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warszawa.

The Central Authority for the requests concerning other proceedings than criminal conducted against legal persons in order to establish their responsibility or to impose a sanction on the legal person for the bribery of a person performing public function is the Office for Protection of Competition and Consumers (Urzad Ochrony Konkurencji i Konsumentów), pl. Powstanców Warszawy 1, 00-950 Warszawa.

Portugal

Declaration contained in the instrument of ratification deposited on 7 May 2002

In accordance with Article 29 of the Convention, the Republic of Portugal designates the following central authority

PROCURADORIA GERAL DA REPUBLICA

Rua da Escola Politécnica, n° 140

1269 — 269 LISBOA

Reservation contained in the instrument of ratification deposited on 7 May 2002

In accordance with Article 17, paragraph 2, of the Convention, the Republic of Portugal declares that where the offender is one of its citizens, but not an official or not performing a political function within the State of Portugal, it shall apply the jurisdiction rule laid down in paragraph 1b of Article 17 of the Convention only if

• the offender is present on its territory;

• the offences committed are also punished by the Law of the territory on which they have been committed, except if the power of punishment is not exerted in this territory;

• these offences are offences allowing extradition and extradition can not be granted.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal reserves its right not to establish as a criminal offence the passive bribery offences under Article 5 and 6, except where the offenders are public officials of other member States of the European Union or perform therein a political function and provided that the offence has been committed in whole or in part in the territory of Portugal.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal declares that it considers as criminal offences the conduct referred to in Articles 7 and 8 of the Convention only if the corruption in the private sector results in a distortion of competition or an economic loss for third persons.

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Portugal declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence that the Republic of Portugal considers a political offence.

Romania

Declaration contained in the instrument of ratification deposited on 11 July 2002

In accordance with Article 29 of the Convention, Romania designates the following authorities

a) the Prosecutor's Office attached to the Supreme Court of Justice, for the requests of judicial assistance formulated in pre-trial investigation

Boulevard Libertatii nr. 14, sector 5 Bucharest, Tel.: 410 54 35 - fax: 337 47 54

b) the Ministry of Justice, for the requests of judicial assistance formulated during the trial or execution of punishment, as well as for the requests of extradition str. Apollodor nr. 17, sector 5 Bucharest, Tel.: 314 15 14 - fax: 310 16 62

Serbia and Montenegro

Reservation contained in the instrument of accession deposited on 18 December 2002

In accordance with Article 37, paragraph 3, of the Convention, the Federal Republic of Yugoslavia reserves the right to reject a request for international legal assistance under Article 26, paragraph 1, if the request concerns a criminal offence which is considered a political offence according to Yugoslav legislation.

Slovenia

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Slovenia dated 4 May 2000, deposited at the time of ratification of the instrument, on 12 May 2000

In accordance with Article 37 of the Convention, the Republic of Slovenia declares that it reserves the right not to establish as a criminal offence under its domestic law the following

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 6, when involving any person who is a member of a public assembly exercising legislative or administrative powers in any other State.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 8, relating to the acceptance of an offer or a promise of any undue advantage.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12: When committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11, as well as the request, receipt or the acceptance of the offer or the promise of such and advantage.”

SCHEDULE 4

TABLE

Countries with which the State has made an extradition agreement under section 8(2) of the Act of 1965

Places to which an extradition agreement or an arrangement under section 8(2) of the Act of 1965 applies

Paris Convention

Hague Convention

Montreal Convention

Montreal Protocol

Nuclear Materials Convention

Drug Trafficking Convention

Anti-Terrorism Convention

Convention Against Torture

Convention on the Safety of UN Personnel

Australian Treaty

States Treaty

United Combating Bribery

Convent Corruption

Afghanistan

X

Albania

X

Algeria

X

Andorra

X

Angola

X

Antigua and Barbuda

X

Argentina

X

Armenia

X

Australia

X

Austria

X

Azerbaijan

X

Bahamas

X

Bahrain

X

Bangladesh

X

Barbados

X

Belarus

X

Belgium

X

Belize

X

Benin

X

Bhutan

X

Bolivia

X

Bosnia and Herzegovina

X

Botswana

X

Brazil

X

Brunei Darussalam

X

Bulgaria

X

Burkina Faso

X

Burundi

X

Cambodia

X

Cameroon

X

Canada

X

Cape Verde

X

Central African Republic

X

Chad

X

Chile

X

China

X

Colombia

X

Comoros

X

Congo

X

Costa Rica

X

Cote d'Ivoire

X

Croatia

X

Cuba

X

Cyprus

X

Czech Republic

X

Democratic People's Republic of Korea

X

Democratic Republic of the Congo

X

Denmark

X

Djibouti

X

Dominica

X

Dominican Republic

X

Ecuador

X

Egypt

X

El Salvador

X

Eritrea

X

Equatorial Guinea

X

Estonia

X

Ethiopia

X

Fiji

X

Finland

X

France

X

Gabon

X

Gambia

X

Georgia

X

Germany

X

Ghana

X

Greece

X

Grenada

X

Guatemala

X

Guinea

X

Guinea- Bissau

X

Guyana

X

Haiti

X

Holy See

X

Honduras

X

Hungary

X

Iceland

X

India

X

Indonesia

X

Iran (Islamic Republic of)

X

Iraq

X

Ireland

X

Israel

X

Italy

X

Jamaica

X

Japan

X

Jordan

X

Kazakhstan

X

Kenya

X

Kuwait

X

Kyrgyzstan

X

Lao People's Democratic Republic

X

Latvia

X

Lebanon

X

Lesotho

X

Liberia

X

Libyan Arab Jamahiriya

X

Liechtenstein

X

Lithuania

X

Luxembourg

X

Madagascar

X

Malawi

X

Malaysia

X

Maldives

X

Mali

X

Malta

X

Marshall Islands

X

Mauritania

X

Mauritius

X

Mexico

X

Micronesia (Federated States of)

X

Monaco

X

Mongolia

X

Morocco

X

Mozambique

X

Myanmar

X

Namibia

X

Nauru

X

Nepal

X

Netherlands

X

New Zealand

X

Nicaragua

X

Niger

X

Nigeria

X

Norway

X

Oman

X

Pakistan

X

Palau

X

Panama

X

Papua New Guinea

X

Paraguay

X

Peru

X

Philippines

X

Poland

X

Portugal

X

Qatar

X

Republic of Korea

X

Republic of Moldova

X

Romania

X

Russian Federation

X

Rwanda

X

Saint Kitts and Nevis

X

Saint Lucia

X

Saint Vincent and the Grenadines

X

Samoa

X

San Marino

X

Sao Tome and Principe

X

Saudi Arabia

X

Senegal

X

Serbia and Montenegro

X

Seychelles

X

Sierra Leone

X

Singapore

X

Slovak Republic

X

Slovenia

X

Somalia

X

Solomon Islands

X

South Africa

X

Spain

X

Sri Lanka

X

Sudan

X

Suriname

X

Swaziland

X

Sweden

X

Switzerland

X

Syrian Arab Republic

X

Tajikistan

X

Thailand

X

The Former Yugoslav Republic of Macedonia

X

Timor-Leste

X

Togo

X

Tonga

X

Trinidad and Tobago

X

Tunisia

X

Turkey

X

Turkmenistan

X

Uganda

X

Ukraine

X

United Arab Emirates

X

United Kingdom

X

United Republic of Tanzania

X

United States of America

X

Uruguay

X

Uzbekistan

X

Vanuatu

X

Venezuela

X

Viet Nam

X

Yemen

X

Zambia

X

Zimbabwe

X

Netherlands Antilles

X

Aruba

X

GIVEN under the Official Seal of the Government

this 7

th

day of October, 2003.

BERTIE AHERN,

Taoiseach.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

.)

The effect of this Order is to amend the Extradition Act 1965 (Application of Part II Order 2000 by applying the provisions of Part II of the enabling Act to States Parties to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was ratified on behalf of the State on the 22

nd

day of September 2003, to States Parties to the Criminal Law Convention on Corruption which was ratified on behalf of the State on the 3

rd

day of October 2003, and to those additional States which became party to the international agreements dealt with by that Order so as to ensure that the State can fulfil its international obligations relating to extradition.

1990-1995;

1991-1996;

1990-1995;

1991-1996;

1993-1996;

1990-1995;

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3. The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation of the non-member States Parties to this Convention, may adopt the amendment.

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4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

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5. Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

Article 40

Settlement of disputes

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6. Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this chapter are to be addressed to its central authority.

Article 31

Information

The requested Party shall promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

Chapter V — Final provisions

Article 32

Signature and entry into force

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Preamble S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 Open official source

WHEREAS by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on the 21

st

day of November 1997 (referred to subsequently in these recitals as the “Convention on Combating Bribery”, and the terms of which are set out in Schedule 7C of the Extradition Act 1965 (Application of Part II Order 2000 (

S.I. No. 474 of 2000

) (inserted by Article 3(j) of, and Part A of Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Convention on Combating Bribery was ratified on behalf of the State on the 22

nd

day of September 2003;

AND WHEREAS the Convention on Combating Bribery has also been ratified, or acceded to, by the countries specified in that regard in the Table, to Schedule 10 of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

) (inserted by Article 3(m) of and Schedule 4 to, this Order));

AND WHEREAS, by the Criminal Law Convention on Corruption done at Strasbourg on the 27

th

day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”, and the terms of which are set out in Part A of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

) (inserted by Article 3(k of, and Part A of Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Corruption was ratified on behalf of the State on the 3

rd

day of October 2003;

AND WHEREAS the Convention on Corruption has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7D;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 (

S.I. No. 173 of 2002

), certain additional reservations have been entered to the European Convention on Extradition done at Paris on the 13

th

day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16

th

day of December 1970 (referred to subsequently in these recitals as the “Hague Convention”), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23

rd

day of September 1971 (referred to subsequently in these recitals as the “Montreal Convention”), the Protocol done at Montreal on the 24

th

day of February 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23

rd

day of September 1971 (referred to subsequently in these recitals as the “Montreal Protocol”), the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on the 3

rd

day of March 1980 (referred to subsequently in these recitals as the “Nuclear Material Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20

th

day of December 1988 (referred to subsequently in these recitals as the “Drug Trafficking Convention”), the European Convention on the Suppression of Terrorism done at Strasbourg on the 27

th

day of January 1977 (referred to subsequently in these recitals as the “Anti-Terrorism Convention”), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10

th

day of December 1984 (referred to subsequently in these recitals as the “Convention against Torture”) and the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9

th

day of December 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

) (as amended by Article 3 of, and Schedule 1 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 (

S.I. No. 173 of 2002

), certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention the Montreal Protocol, the Nuclear Material Convention, the Drug Trafficking Convention the Anti-Terrorism Convention, the Convention against Torture and the Convention on the Safety of UN Personnel the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

) (as amended by Article 3 of, and Schedule 1 to, this Order;

NOW the Government, in the exercise of the powers conferred on them by

section 8

of the

Extradition Act 1965

(No. 17 of 1965), hereby order as follows

S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003

Table of Provisions (7)

Statutory Text (7 Articles)

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